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Amc charges for epabx system liable for tax under rcm

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Querist : Anonymous

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Querist : Anonymous (Querist)
07 May 2014 Our company has purchased the EPABX System last year and in current year the supplier which is a proprietorship firm has raised the invoice for AMC Charges worth Rs.20000 (excluding service tax as it claiming SSI Exemption)

Now, the question arises whether AMC for EPABX is liable for service tax under RCM to be paid by our company to the Service Tax Department? If yes, then in which category of service - works contract or Manpower Supply Service?
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Sandeep Dharar

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Sandeep Dharar (Expert)
07 May 2014 Yes the Service is liable to Service Tax.
Under the following category.
Scientific & technical consultancy services
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Sandeep Dharar

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Sandeep Dharar (Expert)
07 May 2014 Better if section should be:-

Maintenance or repair service
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Querist : Anonymous

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Querist : Anonymous (Querist)
07 May 2014 If the service is taxable under Maintenace or Repair Service, then is RCM applicable on the above transaction?
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Sandeep Dharar

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Sandeep Dharar (Expert)
07 May 2014 What do u mean by RCM? Plz elaborate.
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Querist : Anonymous

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Querist : Anonymous (Querist)
07 May 2014 RCM - ie Reverse Charge Mechanism under Service Tax whereby service receiver is liable to pay Service tax instead of service provider

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